If a homeowner is under attack by another person and they attempt to gain entry to the home, is this enough to use potentially lethal force to subdue the suspect?
That’s the predicament faced by 52-year-old Robert Loesch of Lafayette, Colorado. He is charged with attempted second-degree murder and first-degree assault after using his Kahr PMP handgun to defend himself.
Colorado’s “Make My Day” law is clear when a threatening individual enters a home uninvited. But what if they do not make it inside?
Resident shot teenager after alleged attempt to force his way inside
The alleged attacker was 17-year-old Riley Murray, and security footage reportedly shows him trying to force Loesch’s storm door open and banging on a window just before 10 p.m. on Oct. 1.
Murray allegedly backed away when the resident opened the door wielding the pistol, but then he is believed to have picked up a chair and thrown it at the homeowner. Loesch fired at least twice.
The teenager’s mother revealed that her son expects to be hospitalized for months and may never walk again. The arrest affidavit said he was wounded in the spine, kidney, and bowel.
Authorities arrested Loesch two days later, and he is currently out on bond.
Expert believes homeowner should have called authorities instead
Under Colorado’s self-defense statute, a suspect must unlawfully breach the dwelling. The resident must also reasonably fear the intruder will commit another crime that could cause physical injury.
Legal analyst Raj Chohan told CBS Colorado that Loesch should’ve called 911 and backed away from the confrontation.
“The defense is going to argue in this case that the homeowner was afraid and that this person was erratic, that they picked up a chair, and that some kind of force was about to be used against them,” Chohan said. “They’re going to argue that the homeowner believed that it could have been deadly force, having a projectile the size of a chair.”
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